11th Circuit Vacates Part of FCC's 2023 Robotext Order
The 11th Circuit Court of Appeals ruled Friday that the FCC overstepped its statutory boundaries in part of its implementation of the Telephone Consumer Protection Act and vacated part of the agency's 2023 robocall and robotext order. In a 23-page…
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decision (docket 24-10277), Judges Elizabeth Branch, Robert Luck and Barbara Lagoa sided with petitioner Insurance Marketing Coalition and said the 2023 order sets rules that conflict with the ordinary statutory meaning of the TCPA's "prior express consent" language. The 11th Circuit judges expressed skepticism in oral argument last month regarding the one-to-one robotext consent policy in the order (see 2412180008). The 11th Circuit vacated the portion of the order that states that a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit also remanded the order back to the FCC for further proceedings. The decision was penned by Branch.